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The VA DisabilityADVOCATE

What The VA Won’t Put In Writing

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Description

We decode the evidence rules, exam traps, and rating tricks the VA won’t spell out, then fight to win what you earned.

Notes

Information here is free. Optional accredited representation, no fees unless you win.

VA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTIONVA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTION
Anatomical illustration of the human respiratory system showing the trachea, bronchi and lungs with the airways and alveoli through which oxygen crosses into the blood
Respiratory Conditions, all conditions
DC 6600–6847 · #45147

Respiratory Conditions, PFT-Driven Ratings, TERA & the PACT Act

Lungs that can no longer move air the way they should, leaving you short of breath, wheezing and easily winded.

The VA rates the lungs on numbers, and that single fact changes how you approach the whole claim. Under 38 CFR §4.97, Diagnostic Codes 6600–6847, most obstructive and restrictive lung diseases, asthma, COPD, chronic bronchitis, emphysema, pulmonary fibrosis, are rated on pulmonary function testing: your FEV-1 as a percent of predicted, your FEV-1/FVC ratio, and your DLCO, the measure of how well oxygen actually crosses from lung into blood. Those numbers step you through 10%, 30%, 60%, and 100%, there is very little subjectivity, which means the quality of the testing is the quality of the rating. Post-bronchodilator values are the default, but where the poorer pre-bronchodilator number reflects your real impairment the examiner should say so. Not every respiratory condition rides on PFTs: sleep apnea (DC 6847) is rated on whether you need a CPAP, a straight 50%, and sinusitis on the count of incapacitating episodes a year. Layered over all of it is exposure. The PACT Act now presumes toxic exposure for millions of veterans who served near burn pits, oil-well fires, and Agent Orange, and under §3.320 that makes conditions like asthma, COPD, and chronic bronchitis presumptively service connected, no separate nexus required. Get the diagnosis documented, get the PFTs done right, and put your full exposure history on the record.

The Law That Governs This38 CFR §3.303, Direct Service Connection38 CFR §3.310, Secondary Service Connection38 CFR §4.3, Reasonable DoubtDC 6600–6847, Diagnostic Code

The Diagnostic Codes

Conditions Rated In Respiratory Conditions

These are the codes the VA will actually stamp on a decision in this group. The code you are granted under decides which formula is used, and that decides your percentage. Respiratory (DC 6600–6847) is highlighted below.

Before Anything Gets Rated

What The VA Is Actually Looking For, And What Service Connection Really Means

Before the VA ever opens the rating schedule, it asks one question: is this disability the government’s responsibility? That is what “service connection” means. It is not a diagnosis, it is not sympathy, and it is not a reward for having served. It is a legal finding that a current, diagnosed disability is linked to something that happened to you in uniform. Percentages come later. If service connection is not established, there is nothing to rate and the claim is denied, no matter how bad the respiratory (dc 6600–6847) is.

Service connection for Respiratory Conditions, PFT-Driven Ratings, TERA & the PACT Act: the link between your service record and a current diagnosis

For Respiratory (DC 6600–6847) Specifically

For respiratory claims under 38 CFR §4.97, DC 6600–6847, the VA needs a physician-confirmed diagnosis, asthma, COPD, chronic bronchitis, emphysema, pulmonary fibrosis, or sleep apnea, written in a medical record, not just a symptom list. Most of these conditions are won presumptively under the PACT Act via §3.320 if you served in Southwest Asia, near burn pits, oil-well fires, or in other toxic-exposure environments, that presumption eliminates the need for a separate nexus letter if the diagnosis is documented and the exposure is on record. For conditions rated on pulmonary function testing, the rater is looking at your post-bronchodilator FEV-1 percent of predicted, your FEV-1/FVC ratio, and your DLCO, those numbers mechanically determine whether you land at 10%, 30%, 60%, or 100%, so a poorly administered or incomplete C&P exam is the single biggest way veterans get under-rated. Sleep apnea under DC 6847 is a separate track entirely: the rating turns on CPAP requirement (50%) or documented sleep disturbance without CPAP (0–30%), not PFTs, so the sleep study and CPAP prescription are the documents that win or lose that claim. M21-1, Part III, Subpart iv, Chapter 4, Section F (Respiratory Conditions) requires the examiner to address functional impairment and current severity, not just diagnosis, if the C&P examiner skips the PFT or uses pre-bronchodilator values without explanation, that exam is inadequate and you should challenge it.

The three elements the VA must find. All three. Every time.

These come out of Caluza v. Brown and Shedden v. Principi, and they are the checklist a rating officer works through on your file. Miss one and the claim fails on that element alone.

1

A current, diagnosed disability

A doctor has to have written a diagnosis in a medical record, For example, a pulmonary function report reading "post-bronchodilator FEV-1 48% predicted, DLCO 44% predicted" (DC 6604, COPD) or a sleep study reading "severe obstructive sleep apnea, CPAP prescribed" (DC 6847) is the kind of objective finding that anchors a 60% or 50% evaluation, bring it to the exam.. Symptoms by themselves are not a disability the VA can rate. Saunders v. Wilkie held that pain causing functional impairment can be a disability, but you still need a clinician to document it as diagnosed and impairing. The diagnosis must exist now, during the claim period, not only years ago.

2

An in-service event, injury, illness or aggravation

Something in service had to have happened, an injury, an exposure, a documented sick call, or steady wear over a career. It does not have to be one dramatic moment and it does not have to be spelled out in your service treatment records: buddy statements, unit records, performance evaluations and your own competent lay testimony can establish it.

3

A medical nexus linking the two

A qualified medical opinion that says the current diagnosis is at least as likely as not related to the in-service event. That phrase matters: at least as likely as not means 50 percent or better. Under 38 C.F.R. §3.102, when the evidence is evenly balanced, the benefit of the doubt goes to you and the claim must be granted.

The five ways service connection is established

Most veterans only know the first one. The other routes are lower-effort paths to the same grant, and the secondary route is the one most often left on the table.

Direct, 38 C.F.R. §3.303(a)

The injury or disease began in service and never went away. The classic route: three elements, one nexus opinion.

Chronicity and continuity, §3.303(b)

A chronic condition shown in service, plus continuity of the same symptoms from separation to now, can establish the link without a formal nexus opinion. Your own testimony about symptoms you can observe is competent evidence.

Presumptive, §3.307 and §3.309

Certain chronic diseases are presumed service connected if they manifest to a compensable degree within a set window after separation. You do not have to prove causation at all.

Secondary, §3.310(a) and (b)

A disability proximately due to, or aggravated by, an already service-connected condition is itself service connected. This is how For example, a veteran service-connected for chronic sinusitis who develops obstructive sleep apnea from the nasal obstruction can claim the apnea as secondary under §3.310, earning a separate 50% under DC 6847 the moment a CPAP is required. get on the rating sheet.

Aggravation of a pre-service condition, §3.306

If you entered service with a condition and service made it permanently worse, the increase is compensable. The VA must rebut the presumption of soundness by clear and unmistakable evidence, a bar it frequently fails to meet.

VA medical care, 38 U.S.C. §1151

An additional disability caused by VA treatment, surgery, or a failure to diagnose is compensated as if it were service connected.

The bottom line, there is no way around this

No diagnosis, no rating. It has to be chronic. It has to cause impairment.

Without a diagnosis, the VA will not rate your claim.

The VA cannot rate 'shortness of breath' or 'wheezing', it needs a named respiratory diagnosis confirmed by a physician, with the specific condition tied to a diagnostic code in the 6600–6847 range. Veterans lose this element constantly because their service treatment records show symptoms and sick-call visits but no formal diagnosis, and a C&P examiner who only reviews those records may decline to diagnose rather than confirm. Get a private pulmonologist or sleep specialist to put the diagnosis in writing before you file, do not rely on the VA's examiner to make the call for you.

The condition must be chronic.

Respiratory conditions must be chronic and currently active, a one-time episode of bronchitis that resolved is not ratable, but COPD, asthma requiring ongoing medication, or sleep apnea requiring CPAP are by definition chronic conditions. The record needs to show continuing treatment: refills on inhalers, follow-up pulmonology visits, repeat PFTs, ER visits for exacerbations, or a current CPAP prescription, any gap in treatment gives the VA an opening to argue the condition resolved or is not service-connected. Document every exacerbation, every prescription refill, and every provider visit so the longitudinal record shows an unbroken line from service to today.

It must cause actual impairment.

Impairment for most respiratory conditions under DC 6600–6847 is measured by objective PFT values, not by how bad you feel, if your FEV-1 is above 70% of predicted and your FEV-1/FVC ratio is above 70%, the rating formula produces 10% or 0% regardless of your subjective symptoms. The zero-percent trap hits veterans who have a real diagnosis but show up to a C&P exam on a good day, use their bronchodilator right before testing, or get tested on equipment that isn't properly calibrated, the numbers look better than reality and the rating reflects the numbers. Under §4.1 and §4.10, the rating is supposed to reflect average industrial impairment, so if your worst days are significantly worse than your test-day performance, that needs to be in the record through a private PFT, a treating physician's statement, or documented exacerbation history.

What this means for you before you file: Before you file, get a formal diagnosis in writing from a treating provider, document your full toxic-exposure history on VA Form 10182 or your PACT Act intake, and if your condition is PFT-driven, get a private pulmonary function test done on a representative bad day, not the day you feel best. If you have sleep apnea, make sure your sleep study and CPAP prescription are in the file, because that document is the entire claim. Under Sharp v. Shulkin, the examiner cannot dismiss flare-up functional loss without a reasoned explanation. Esteban v. Brown confirms separate ratings for limitation of motion (DC 5201), impairment of the clavicle (DC 5203), and any associated nerve damage.

The Percentages

Rating Schedule, Respiratory Conditions, DC 6600–6847

These are the actual criteria from 38 CFR §4.97. For the obstructive and restrictive diseases (asthma, COPD, chronic bronchitis, emphysema, pulmonary fibrosis) the rating is assigned on post-bronchodilator FEV-1, FEV-1/FVC, or DLCO, whichever produces the higher evaluation, unless the pre-bronchodilator results are poorer and better reflect the disability, or a bronchodilator is contraindicated. Where two conditions coexist, the VA generally assigns a single rating under the predominant code rather than combining, to avoid pyramiding under §4.14. The exam is scored on the respiratory Disability Benefits Questionnaire matching your condition.

A Middle Eastern female veteran performing a spirometry pulmonary function test, exhaling into a handheld spirometer while a Hispanic male clinician coaches the effort in a clinical exam room

100%

Asthma (DC 6602), FEV-1 less than 40% predicted, or FEV-1/FVC less than 40%, or more than one attack per week with episodes of respiratory failure, or daily systemic high-dose corticosteroids or immunosuppressives. COPD/Bronchitis/Emphysema/Fibrosis (DC 6604/6600/6603/6827), FEV-1 less than 40%, or FEV-1/FVC less than 40%, or DLCO less than 40% predicted, or maximum exercise capacity less than 15 ml/kg/min, or cor pulmonale, or right ventricular hypertrophy, or pulmonary hypertension, or acute respiratory failure, or outpatient oxygen therapy. Sleep Apnea (DC 6847), chronic respiratory failure with CO2 retention or cor pulmonale, or requires tracheostomy. Tuberculosis (DC 6701–6724), active disease. Pleurisy (DC 6810), chronic pleurisy with empyema. Pneumonia (DC 6830), active infection with severe respiratory impairment. Sarcoidosis (DC 6846), cor pulmonale, cardiac involvement with CHF, or progressive disease with fever, night sweats, and weight loss.

60%

Asthma (DC 6602), FEV-1 of 40–55% predicted, or FEV-1/FVC of 40–55%, or at least monthly physician visits for exacerbations, or intermittent (at least three per year) courses of systemic corticosteroids. COPD/Bronchitis/Emphysema/Fibrosis (DC 6604/6600/6603/6827), FEV-1 of 40–55%, or FEV-1/FVC of 40–55%, or DLCO of 40–55% predicted, or maximum oxygen consumption of 15–20 ml/kg/min. Sarcoidosis (DC 6846), pulmonary involvement requiring systemic high-dose (therapeutic) corticosteroids.

50%

Sleep Apnea (DC 6847), requires use of a breathing assistance device such as a continuous positive airway pressure (CPAP) machine. Sinusitis (DC 6510–6514), following radical surgery with chronic osteomyelitis, or near-constant sinusitis with headaches, pain and tenderness and purulent discharge or crusting after repeated surgeries.

30%

Asthma (DC 6602), FEV-1 of 56–70% predicted, or FEV-1/FVC of 56–70%, or daily inhalational or oral bronchodilator therapy, or inhalational anti-inflammatory medication. COPD/Bronchitis/Emphysema/Fibrosis (DC 6604/6600/6603/6827), FEV-1 of 56–70%, or FEV-1/FVC of 56–70%, or DLCO of 56–65% predicted. Sleep Apnea (DC 6847), persistent daytime hypersomnolence. Rhinitis (DC 6522), with polyps. Sinusitis (DC 6510–6514), three or more incapacitating episodes per year requiring prolonged antibiotics, or more than six non-incapacitating episodes with headaches, pain, and purulent discharge. Sarcoidosis (DC 6846), persistent symptoms requiring chronic low-dose or intermittent corticosteroids. Pneumonia (DC 6830), chronic residuals requiring antibiotics at least twice a year.

10%

Asthma (DC 6602), FEV-1 of 71–80% predicted, or FEV-1/FVC of 71–80%, or intermittent inhalational or oral bronchodilator therapy. COPD/Bronchitis/Emphysema/Fibrosis (DC 6604/6600/6603/6827), FEV-1 of 71–80%, or FEV-1/FVC of 71–80%, or DLCO of 66–80% predicted. Rhinitis (DC 6522), without polyps but with greater than 50% obstruction of the nasal passage on both sides or complete obstruction on one side. Sinusitis (DC 6510–6514), one or two incapacitating episodes per year requiring prolonged antibiotics, or three to six non-incapacitating episodes with headaches, pain, and purulent discharge.

0%

Sleep Apnea (DC 6847), asymptomatic but with documented sleep-disordered breathing. Sinusitis (DC 6510–6514), detected by X-ray only. Sarcoidosis (DC 6846), chronic hilar adenopathy or stable lung infiltrates without symptoms or physiologic impairment. A noncompensable rating is still service connection, important to establish for future increases and secondary claims.

Service Connection

Advice from the Advocate

This is where I stop explaining the rules and tell you how I would build your Respiratory (DC 6600–6847) claim if you were sitting across my desk. Read the causation notes below twice. The VA will not connect the dots for you, even though 38 CFR 3.159 says it has a duty to assist. Your job is to put the in-service event, the current diagnosis and the medical link on paper, then make the examiner deal with all three.

Detailed 3D anatomical render of human lungs and airways on a dark background showing inflamed narrowed bronchi and damaged alveoli, illustrating obstructive and restrictive lung disease
The lungs move oxygen from the air into the blood across hundreds of millions of tiny air sacs, the alveoli, fed by a branching tree of airways. Obstructive diseases like asthma, COPD, and chronic bronchitis narrow and inflame those airways, trapping air and driving down the FEV-1 and FEV-1/FVC ratio the VA rates on. Restrictive and infiltrative diseases like pulmonary fibrosis and sarcoidosis scar and stiffen the lung tissue itself, collapsing the DLCO, the measure of how efficiently oxygen still crosses into the blood. Emphysema destroys the alveolar walls outright, so there is less surface left to breathe through. For veterans, the pathway to service connection runs through inhaled injury: burn-pit smoke, oil-well fires, sand and dust, Agent Orange, asbestos, and diesel exhaust deposit particulates and toxins deep in the airway, where they seed the chronic inflammation and scarring that show up years later as a failing pulmonary function test. The PACT Act now presumes that exposure for millions of veterans, which is why documenting the diagnosis and the numbers, not re-proving the exposure, is where these claims are won.

The advocate's notes on causation, Respiratory (DC 6600–6847)

The separate arguments that decide this code: where the VA will attack, the regulation that answers it, and the evidence that closes the gap.

  1. 1PACT Act presumptive, §3.320

    For veterans with qualifying toxic-exposure service, burn pits and airborne hazards in the post-9/11 Southwest Asia theater, or Agent Orange in Vietnam, the PACT Act presumes the exposure and makes many respiratory conditions (asthma, COPD, chronic bronchitis, and respiratory cancers) presumptively service connected under §3.320. No separate nexus opinion is required: qualifying service plus the diagnosis is the connection. Enroll in the Airborne Hazards and Open Burn Pit Registry and pull the deployment records that place you at the hazard.

  2. 2Direct service connection, §3.303(a)

    A respiratory condition diagnosed in service, or documented as chronic within the applicable period after separation, establishes direct service connection. Pull your service treatment records for every sick-call entry, respiratory infection, pneumonia, and separation-exam note that mentions cough, wheeze, or shortness of breath, even an untreated entry is powerful corroboration of onset.

  3. 3Continuity of symptoms, §3.303(b)

    Where the record is thin, continuity of symptomatology can carry the claim. Consistent lay evidence that you have coughed, wheezed, or been short of breath ever since a documented exposure, from you, from family, and from those who served with you, is competent evidence under Buchanan v. Nicholson and can establish service connection on its own.

  4. 4Gulf War undiagnosed illness, §3.317

    Gulf War veterans with chronic respiratory signs and symptoms that cannot be tied to a specific diagnosis may qualify under the undiagnosed-illness and medically-unexplained-chronic-multisymptom-illness framework of §3.317, a separate presumptive path that does not require a named disease or a conventional nexus.

  5. 5Secondary, sleep apnea and cardiac strain, §3.310(a)

    A condition proximately due to or aggravated by a service-connected respiratory disability is itself service connected under §3.310 and earns its own rating. Chronic hypoxia strains the right heart toward cor pulmonale; a service-connected nasal, sinus, or weight-affecting condition can obstruct the airway into secondary obstructive sleep apnea, worth a separate 50% at DC 6847. Claim the secondary condition, do not let it be absorbed.

Exposure & Aggravation

Burn Pits, Toxic Exposure & the PACT Act

Smoke rising from a burn pit on a deployed base

The VA wants an in-service event, and most veterans think that means one dramatic injury. It does not. Years of duty that wore the body down count too, and under 38 CFR 3.306 a condition service made worse can still be connected. Find yourself in the list below, then put that duty in writing with dates, units and names. The board only weighs what you put on paper.

How veterans pick this up in uniform, Respiratory (DC 6600–6847)

Most service-connected respiratory disease does not come from one event, it comes from what veterans breathed: burn-pit smoke at bases across Iraq, Afghanistan, and Southwest Asia; oil-well fires and particulate matter in the Gulf; Agent Orange for Vietnam and Blue Water Navy veterans; sand and dust across every desert deployment; and asbestos, diesel, and industrial chemicals in shipboard and maintenance work. The PACT Act was written for exactly this problem. Under §3.320 it presumes toxic exposure for veterans who served in the covered locations and eras, and makes many respiratory conditions, asthma, COPD, chronic bronchitis, and respiratory cancers, presumptively service connected with no separate nexus required. Where a pre-existing respiratory condition was made permanently worse by service exposure, the aggravation rule applies: the VA must rate the increase in severity attributable to service, and it carries the burden of showing by clear and unmistakable evidence that any worsening was merely the natural progression of the disease. Enroll in the Airborne Hazards and Open Burn Pit Registry, and get every exposure onto the record.

  • Burn pits and airborne particulates, the open-air burning of plastics, medical waste, and hazardous material at bases across Iraq, Afghanistan, and Southwest Asia
  • Oil-well fires and chemical agents in the Gulf War theater, dense smoke, particulate matter, and petrochemical fumes
  • Agent Orange and herbicide exposure for Vietnam and Blue Water / Brown Water Navy veterans, linked to COPD, bronchitis, emphysema, and respiratory cancers
  • Sand, dust, and sandstorm exposure across desert deployments, fine particulate that drives chronic bronchitis, asthma, and sinusitis
  • Asbestos, diesel exhaust, solvents, and industrial chemicals in shipboard, motor-pool, and maintenance MOSs
  • Untreated in-service respiratory infections and pneumonia that left chronic residuals, and weight or nasal conditions that seeded secondary sleep apnea

Who is most prone to it

Veterans who deployed near burn pits in Iraq, Afghanistan, and Southwest Asia; Gulf War veterans exposed to oil-well fires and particulate matter; Vietnam and Blue Water Navy veterans exposed to Agent Orange; anyone who served through repeated sandstorms or in dusty, poorly ventilated environments; shipboard, motor-transport, and maintenance personnel exposed to asbestos and diesel exhaust; and veterans whose service-connected sinus, nasal, or weight-affecting conditions seeded secondary sleep apnea. Respiratory claims are frequently under-filed because veterans assume shortness of breath is just age or being out of shape, and because they do not realize the PACT Act may have already presumed their exposure.

The Symptoms

What Respiratory (DC 6600–6847) Actually Feels Like

Read this list the way the examiner will. Every symptom you live with but never report is a symptom the VA treats as if it does not exist. The rating schedule pays for how Respiratory (DC 6600–6847) affects your daily life and your work, so the details matter. Check off what matches your day, tell your doctor in those words, and make sure it lands in your treatment record before the exam.

A veteran in his 50s sitting alone in a dim room, staring ahead
  • Shortness of breath (dyspnea), first on exertion, then with less and less activity, until it limits walking, stairs, and work
  • Chronic cough, often productive of mucus, a hallmark of bronchitis, COPD, and emphysema
  • Wheezing and chest tightness, frequently triggered by allergens, cold air, exercise, dust, or fumes
  • Frequent respiratory infections and exacerbations that require antibiotics, steroids, or an ER visit
  • Fatigue and reduced exercise tolerance from low blood oxygen, the METs-equivalent limitation the exam looks for
  • Daytime sleepiness, loud snoring, and witnessed pauses in breathing, the sleep-apnea pattern
  • Nasal congestion, facial pain or pressure, and purulent discharge, chronic sinusitis and rhinitis
  • Dependence on inhalers, nebulizers, oral or systemic corticosteroids, oxygen therapy, or a CPAP machine

How this one is rated

Respiratory conditions are rated under 38 CFR §4.97, Diagnostic Codes 6600–6847. Asthma is DC 6602, COPD DC 6604, chronic bronchitis DC 6600, emphysema DC 6603, and pulmonary fibrosis DC 6827, each rated on FEV-1, the FEV-1/FVC ratio, and DLCO as a percent of predicted, stepping through 10%, 30%, 60%, and 100%. Sleep apnea is DC 6847, rated 0/30/50/100 on symptoms and CPAP dependence rather than PFTs. Rhinitis is DC 6522 and sinusitis DC 6510–6514, rated on obstruction, polyps, and incapacitating episodes. Sarcoidosis (DC 6846), pneumonia residuals (DC 6830), active tuberculosis (DC 6701–6724), and pleurisy with empyema (DC 6810) have their own criteria. Post-bronchodilator PFT values govern unless the pre-bronchodilator results better reflect the disability or a bronchodilator is contraindicated.

What you are measured against

The currency of a respiratory rating is the pulmonary function test. FEV-1, the volume of air you can force out in the first second of a hard exhale, expressed as a percent of the predicted value for someone your age, sex, and height, is the primary driver: 71–80% predicted is 10%, 56–70% is 30%, 40–55% is 60%, and less than 40% is 100% for asthma, COPD, bronchitis, emphysema, and fibrosis. The FEV-1/FVC ratio runs on the same ladder and can rate you on its own. DLCO, the diffusion capacity, how efficiently oxygen crosses from the alveoli into the blood, rates COPD, bronchitis, emphysema, and fibrosis at the same thresholds and is the number that catches restrictive disease the airflow numbers can miss. At the top of every scale the schedule also recognizes cor pulmonale, right ventricular hypertrophy, pulmonary hypertension, acute respiratory failure, and the need for outpatient oxygen as independent routes to 100%. Because the whole schedule is numeric, testing done on a good day, or without recording whether the reading was pre- or post-bronchodilator, can silently cost you an entire rating level.

Each One On Its Own Page

Secondary Conditions, Aggravated or Caused by a Current Service-Connected Condition

Under 38 CFR §3.310(a), a disability that is proximately due to a service-connected condition is service-connected in its own right, and under §3.310(b), so is any additional disability caused when a service-connected condition aggravates a problem you already had. Each condition below is a separate evaluation with its own diagnostic code and its own percentage. They do not fold into the respiratory (dc 6600–6847) rating, they stack on top of it. A veteran who claims only the primary condition leaves these ratings on the table.

A Middle Eastern male veteran in his fifties wearing a CPAP mask in bed at night while a Black female clinician adjusts the therapy

Sleep apnea and right-heart strain

Chronic lung disease and low blood oxygen strain the right side of the heart toward cor pulmonale and pulmonary hypertension, both recognized at the top of the §4.97 scale. Separately, a service-connected nasal, sinus, or weight-affecting condition can obstruct the airway into secondary obstructive sleep apnea, which is worth a straight 50% at DC 6847 the moment a CPAP is required. Untreated apnea drives hypertension, heart disease, and stroke. If you snore, stop breathing in your sleep, and wake exhausted, get a sleep study and claim the apnea as secondary under §3.310(a).

A white male veteran in his sixties undergoing a sinus and nasal examination by a clinician using an otoscope in a clinical setting

Secondary sinusitis and rhinitis

The same inhaled exposures that scar the lungs inflame the upper airway. Chronic sinusitis (DC 6510–6514) and rhinitis (DC 6522) frequently ride alongside a service-connected respiratory condition and are separately ratable, sinusitis on the count of incapacitating episodes per year, rhinitis on nasal obstruction and polyps. They also feed the sleep-apnea pathway by obstructing the nasal airway. Report the facial pain, congestion, purulent discharge, and how many rounds of antibiotics you need a year, and claim them as secondary under §3.310.

A Black male veteran using a wheelchair in a park, looking away reflectively, representing lost activity and the mental-health toll of chronic disability

Depression, lost work, and the TDIU question

A lung condition that stops you from climbing stairs, carrying a load, or getting through a shift without stopping to breathe closes off manual trades, physical labor, and any job with exertion. That is a straight line to TDIU under §4.16, the disability that makes you unemployable. The mental-health toll of losing your wind, your activity, and your independence is separately compensable as depression or anxiety secondary to the respiratory condition under §3.310. Document every work task the breathing has taken away and every shift you have missed.

Accredited Claims Agent #45147

Ready To Get This Rated Correctly?

You have read how the VA rates Respiratory (DC 6600–6847). Now the question is whether your file proves it. We represent veterans on a No Win, No Fee basis: 20% Direct-Pay paid by the VA from back pay, or 30% High-Complexity, and you owe nothing for representation if your rating does not increase. If you only need the roadmap, the Mission 5 Brief is a separate $750 flat fee. You bring the records, we build the argument.

Respiratory Conditions, In Detail

Respiratory Conditions, Service Connection In Depth

Here is each claimable condition in this group on its own terms, what it is, what service did to it, and what the VA requires before it will connect it.

An accredited VA disability advocate standing in a bright modern office, ready to review a respiratory and toxic-exposure claim
DC 6600–6847

Respiratory Conditions, PFT-Driven Ratings, TERA & the PACT Act

The VA rates the lungs on numbers, and that single fact changes how you approach the whole claim. Under 38 CFR §4.97, Diagnostic Codes 6600–6847, most obstructive and restrictive lung diseases, asthma, COPD, chronic bronchitis, emphysema, pulmonary fibrosis, are rated on pulmonary function testing: your FEV-1 as a percent of predicted, your FEV-1/FVC ratio, and your DLCO, the measure of how well oxygen actually crosses from lung into blood. Those numbers step you through 10%, 30%, 60%, and 100%, there is very little subjectivity, which means the quality of the testing is the quality of the rating. Post-bronchodilator values are the default, but where the poorer pre-bronchodilator number reflects your real impairment the examiner should say so. Not every respiratory condition rides on PFTs: sleep apnea (DC 6847) is rated on whether you need a CPAP, a straight 50%, and sinusitis on the count of incapacitating episodes a year. Layered over all of it is exposure. The PACT Act now presumes toxic exposure for millions of veterans who served near burn pits, oil-well fires, and Agent Orange, and under §3.320 that makes conditions like asthma, COPD, and chronic bronchitis presumptively service connected, no separate nexus required. Get the diagnosis documented, get the PFTs done right, and put your full exposure history on the record.

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The C&P Exam

What To Expect At The Respiratory (DC 6600–6847) Exam

This is the encounter your rating is built on. The examiner has a checklist and a limited window, what follows is exactly what happens in that room, so none of it surprises you.

Clinical Section, What To Expect at the Exam

What to Expect at Your Respiratory C&P Examination

Diagnostic Codes 6600–6847, the pulmonary function test, the exposure history, and the treatment record decide everything

The respiratory exam is, above all, a **numbers exam**. Under **38 CFR §4.97** most lung diseases are rated on **pulmonary function testing**, your **FEV-1**, your **FEV-1/FVC ratio**, and your **DLCO** as percentages of predicted, and those numbers step you through 10%, 30%, 60%, and 100%. The single most important thing you can do is make sure the testing is done right and that the report reflects how you actually breathe, not how you breathed on one good morning. Ask whether the values were taken **pre-** or **post-bronchodilator**, because the schedule uses the post-bronchodilator number unless the poorer pre-bronchodilator result better reflects your disability. Put your **full exposure history** on the record, every burn pit, oil-well fire, dust storm, and chemical, because it drives the nexus (or invokes the PACT Act presumption). And document your **treatment**: inhalers, corticosteroids, oxygen, monthly exacerbation visits, or a CPAP each map to a specific rating level. If the report comes back with no PFT numbers, or numbers that do not match your breathing, that is an inadequate exam you can challenge.

Condition

Respiratory (DC 6600–6847), DC 6600–6847

Governing questionnaire

The respiratory Disability Benefits Questionnaire matching your condition, spirometry (FEV-1, FVC, FEV-1/FVC), DLCO where indicated, treatment requirements, exacerbation frequency, and the impact on daily activity and work capacity

Click the form number to open the official questionnaire on VA.gov.

01In The Room

What happens during the exam

The tests and maneuvers for this condition

  • Spirometry, FEV-1, FVC, and the FEV-1/FVC ratio, recorded as percentages of predicted, with the report stating whether values are pre- or post-bronchodilator
  • DLCO (diffusion capacity) testing where indicated, the number that rates COPD, bronchitis, emphysema, and fibrosis and catches restrictive disease
  • A full exposure history, burn pits, oil-well fires, Agent Orange, sand and dust, asbestos, diesel, and chemicals, documented for the nexus opinion or the PACT Act presumption
  • Treatment review, inhalers, nebulizers, inhaled anti-inflammatories, oral and systemic corticosteroids, oxygen therapy, and CPAP dependence
  • Exacerbation count, attacks per week, incapacitating episodes per year, and monthly physician visits, because these are rating criteria on their own
  • Chest imaging, X-ray or CT where indicated to view lung structure, scarring, adenopathy, or infiltrates
  • Where sleep apnea is suspected, a sleep study documenting the diagnosis and CPAP requirement (DC 6847)
  • Where the top of the scale is in play, arterial blood gas, maximum exercise capacity (METs / ml/kg/min), and evaluation for cor pulmonale or pulmonary hypertension

What gets measured, and to what number

FEV-1 (percent of predicted)

The volume you can force out in one second, as a percent of predicted for your age, sex, and height. The primary driver: 71–80% is 10%, 56–70% is 30%, 40–55% is 60%, under 40% is 100% for the obstructive/restrictive diseases.

FEV-1/FVC ratio

The fraction of your total forced breath you get out in the first second. Runs on the same 71–80 / 56–70 / 40–55 / under-40 ladder and can rate you on its own.

DLCO (diffusion capacity)

How efficiently oxygen crosses from the alveoli into the blood. Rates COPD, bronchitis, emphysema, and fibrosis at 66–80 / 56–65 / 40–55 / under-40, and catches restrictive disease the airflow numbers can miss.

Pre- vs. post-bronchodilator

Post-bronchodilator values govern unless the pre-bronchodilator results are poorer and better reflect the disability. The report must state which was used.

Treatment requirement

Intermittent vs. daily bronchodilators, inhaled anti-inflammatories, monthly exacerbation visits, systemic corticosteroids, oxygen therapy, or a CPAP, each maps to a specific rating level independent of the PFT.

Exacerbation frequency

For asthma, sinusitis, and sarcoidosis the count of attacks, incapacitating episodes, or physician visits per year is a rating criterion in its own right, bring a twelve-month count.

Cor pulmonale / oxygen / respiratory failure

Right-heart strain, pulmonary hypertension, outpatient oxygen, and acute respiratory failure are independent routes to 100% at the top of every obstructive/restrictive scale.

02Orientation

What to expect during this exam

What makes this exam different from every other C&P exam

1The PFT numbers are the rating

FEV-1, FEV-1/FVC, and DLCO as percentages of predicted map directly onto 10/30/60/100 under §4.97. There is almost no subjectivity, which means an under-measured or good-day test costs you an entire level. Make sure spirometry and, where indicated, DLCO are actually performed and recorded.

2Pre- vs. post-bronchodilator matters

The schedule uses post-bronchodilator values unless the pre-bronchodilator results are poorer and better reflect your disability, or a bronchodilator is contraindicated. Ask which was used and make sure the report says so, the difference can be a rating level.

3Exposure history drives the nexus, or triggers the presumption

For PACT Act presumptive conditions, qualifying service plus the diagnosis is the connection, no nexus opinion needed. For everything else the examiner needs your complete exposure history to write the opinion. Either way, get burn pits, oil-well fires, Agent Orange, dust, and chemicals onto the record.

See it before you sit in the room

03Preparation

Know your symptoms and secondary factors

What the report must actually say about respiratory (dc 6600–6847), dc 6600–6847

  • "My exposure history is [burn pits / oil-well fires / Agent Orange / dust / asbestos]", put the toxic exposure on the record for the nexus or the PACT Act presumption.
  • "I want to know whether these PFTs were pre- or post-bronchodilator", force the report to state which, because it can be a rating level.
  • "On a bad day I cannot [climb a flight of stairs / carry groceries / walk to the mailbox] without stopping to breathe", tie the breathlessness to concrete functional loss.
  • "I use [an inhaler daily / a nebulizer / oral steroids X times a year / oxygen / a CPAP]", state the treatment, because treatment type sets the rating at each level.
  • "I have [X] exacerbations a month and [X] incapacitating episodes a year", give the counts the schedule rates asthma, sinusitis, and sarcoidosis on.
  • "I snore, I stop breathing in my sleep, and I am exhausted all day", open the door to a sleep-apnea claim, potentially secondary to a service-connected condition.

Pain level, frequency, lost work and functional loss, how to say them

A Black female veteran in her forties pausing on a staircase, hand on the railing, visibly short of breath

Describe the breathlessness as lost function, not a feeling

The rating schedule is numeric, but the examiner still writes the narrative that frames your PFT numbers. "I get short of breath" is a sensation. "I have to stop halfway up a flight of stairs" and "I cannot carry a bag of groceries from the car without resting" are functional losses that corroborate a low FEV-1 and support the METs-equivalent assessment. Map the breathlessness to specific tasks you can no longer do.

Quantify it: how many stairs, how far you can walk, how much you can carry before you have to stop. Concrete distances and weights are verifiable; "a little winded" is not.

"I cannot climb one flight of stairs without stopping to catch my breath. I used to walk the dog a mile, now I make it two houses down. Carrying groceries in from the car, I have to set them down twice."

A Hispanic male veteran in his fifties coughing into his fist during a clinical respiratory examination

Report the cough and mucus, how often, how productive, how long

A chronic productive cough is a hallmark of bronchitis, COPD, and emphysema, and it corroborates the airflow numbers. The examiner needs to hear that it is daily, productive of mucus, and has gone on for months or years, not an occasional tickle. For pneumonia residuals (DC 6830) the count of infections requiring antibiotics is itself a rating criterion.

Describe the pattern: morning cough, mucus color and amount, how many chest infections you get a year, and how many needed antibiotics or an ER visit.

"I cough up mucus every single morning and it goes on all day. I get a chest infection three or four times a year, and at least twice a year it needs antibiotics."

An East Asian male veteran in his thirties reviewing a blank tracking sheet on a clipboard with a clinician, discussing how often his symptoms flare

Bring a count of your attacks and exacerbations

For asthma (DC 6602), sinusitis, and sarcoidosis the frequency of attacks, incapacitating episodes, and physician visits is a rating criterion in its own right, more than one attack per week with respiratory failure is 100%; monthly exacerbation visits are 60%. Without your count, the examiner logs "occasional" and the frequency-based levels vanish. Come with the numbers already tallied.

Go back twelve months: attacks per week, incapacitating episodes per year, ER visits, and how many needed steroids. Read the list aloud and ask that it go in the report.

"I have an asthma attack two or three times a week. Last year I had four episodes bad enough to land me in urgent care, and I needed a steroid course each time."

A South Asian female veteran in her forties demonstrating the use of a metered-dose inhaler during a respiratory examination

State exactly what treatment you depend on

Treatment type sets the rating at every level of §4.97. Intermittent bronchodilator use is 10%; daily inhaled therapy or an inhaled anti-inflammatory is 30%; monthly exacerbation visits or three-plus steroid courses a year is 60%; daily systemic high-dose steroids is 100%. A CPAP is a straight 50% for sleep apnea; outpatient oxygen is 100% for COPD. If you understate what you actually use, the examiner rates you below where you live.

Bring the actual medications and devices, or a pharmacy list. Say how often you use each, "daily," "twice a day," "three steroid courses last year," "CPAP every night."

"I use a daily maintenance inhaler and a rescue inhaler, and last year I needed three separate courses of oral steroids for flare-ups."

An older military veteran sitting on a porch, reflecting quietly, representing a veteran recalling his deployment and toxic-exposure history

Tell the full exposure history, every burn pit, fire, and chemical

Exposure is what connects the condition to service. For PACT Act presumptive conditions, qualifying service plus the diagnosis is the connection, no nexus opinion required under §3.320. For everything else the examiner cannot write a favorable nexus without knowing what you breathed. Either way, a complete exposure history, burn pits, oil-well fires, Agent Orange, sand and dust, asbestos, diesel, belongs on the record, with dates and locations where you have them.

Bring it written down: bases, deployments, and the hazard at each. Mention burn-pit registry enrollment. If you served in a PACT Act location, say so explicitly.

"I was stationed within a few hundred yards of the burn pit at [base] for a year. The smoke was constant, you could taste it. I am enrolled in the burn-pit registry."

Secondary conditions to raise in the same appointment

Every secondary condition laid out in the Secondary Conditions section above belongs in this same appointment. Name each one out loud, tell the examiner how the primary condition caused it or made it worse, and ask that it be noted in the report. Under 38 CFR 3.310, a secondary condition the examiner never hears about is a secondary condition the VA never rates. Bring your list on paper so nothing gets left in the parking lot.

What to expect at this specific exam

  • Bring copies of every pulmonary function test you have, spirometry and DLCO, and note whether each was taken pre- or post-bronchodilator.
  • Write down your complete exposure history before the exam: every base, deployment, burn pit, oil-well fire, dust storm, and chemical you were near, with dates where you can.
  • Enroll in the Airborne Hazards and Open Burn Pit Registry if you have not, and bring proof of enrollment.
  • List your treatment: every inhaler, nebulizer, steroid course, oxygen prescription, and CPAP, with how often you use each.
  • Count your exacerbations over the last twelve months, attacks per week or month, incapacitating episodes, ER visits, and physician visits, and bring the list.
  • Describe the daily activities your breathing now limits in concrete terms, stairs, walking distance, carrying, work tasks, rather than saying you are just "a little short of breath."

04The Protocol

What procedures are required during the exam

These are not courtesies. Each comes out of the regulation or out of binding case law. Take this list in with you and tick them off as they happen.

Close-up of a veteran exhaling forcefully into a handheld spirometer mouthpiece during a pulmonary function test, cheeks full with effort
Fig. 01, Spirometry, FEV-1, FVC, and the FEV-1/FVC ratio

01Spirometry, FEV-1, FVC, and the FEV-1/FVC ratio

38 CFR §4.97

The core of the exam. You take a maximal breath and force it out as hard and fast as you can into a spirometer, several times, and the machine records your FEV-1 (first-second volume) and FVC (total forced volume) as percentages of predicted. The effort has to be maximal and repeatable, a coached, valid test is the whole ballgame. The report must state whether values are pre- or post-bronchodilator.

The entire §4.97 formula for asthma, COPD, bronchitis, emphysema, and fibrosis is a ladder of PFT thresholds. A test done on a good day, a submaximal effort, or a report that never says pre- or post-bronchodilator can drop you an entire rating level. This is the single measurement the whole claim turns on.

A Black male veteran in his forties seated inside a clear pulmonary body-box performing a diffusion-capacity breathing test while an Asian male clinician supervises
Fig. 02, DLCO, diffusion capacity

02DLCO, diffusion capacity

38 CFR §4.97, DC 6604/6600/6603/6827

A separate test, often in a sealed body-box (plethysmograph), that measures how efficiently oxygen crosses from the alveoli into the blood. You breathe in a trace gas mixture, hold, and exhale, and the machine calculates the diffusing capacity as a percent of predicted.

DLCO rates COPD, chronic bronchitis, emphysema, and pulmonary fibrosis on its own ladder (66–80 / 56–65 / 40–55 / under-40) and is the number that catches restrictive and infiltrative disease the airflow measurements can miss. An exam that runs spirometry but skips DLCO where it is indicated has left a whole rating pathway untested.

A nebulizer and bronchodilator setup beside a pulmonary function testing station in a clinical exam room, with a blank monitor and a wall clock
Fig. 03, Pre- and post-bronchodilator testing

03Pre- and post-bronchodilator testing

38 CFR §4.97 (post-bronchodilator rule)

Spirometry is often repeated after you inhale a bronchodilator, so the examiner has both a pre- and a post-medication set of numbers. The schedule uses the post-bronchodilator value unless the poorer pre-bronchodilator result better reflects your disability, or a bronchodilator is contraindicated.

The difference between the two readings can be an entire rating level. A report that records only one set, or never states which it used, deprives the rater of the number the regulation actually calls for. Ask which was used and make sure the report says so, this is a common, correctable defect.

A radiologist reviewing chest X-ray and CT lung images on diagnostic reading-room monitors in a darkened clinical setting
Fig. 04, Chest imaging, X-ray or CT

04Chest imaging, X-ray or CT

38 CFR §4.97

Chest X-ray or CT is used where indicated to view the lung structure, scarring and fibrosis, emphysematous changes, hilar adenopathy in sarcoidosis, infiltrates, and the residuals of old infection or pneumonia. For sinusitis, imaging documents the disease the schedule rates.

Imaging is what distinguishes restrictive and infiltrative disease from simple airflow obstruction and corroborates the DLCO. It anchors diagnoses like fibrosis (DC 6827) and sarcoidosis (DC 6846) whose rating criteria assume a documented structural finding, and it catches conditions a PFT alone would miss.

A clinician drawing an arterial blood gas sample from a veteran wrist during a respiratory evaluation in a clinical setting
Fig. 05, Arterial blood gas and exercise capacity

05Arterial blood gas and exercise capacity

38 CFR §4.97 (METs / respiratory failure criteria)

Where the top of the scale is in play, the examiner may draw an arterial blood gas to measure oxygen and carbon-dioxide levels, and assess maximum exercise capacity (METs / ml/kg/min). These document hypoxia, CO2 retention, and the exercise limits the 60% and 100% criteria are built on.

Maximum oxygen consumption of 15–20 ml/kg/min is a 60% criterion, and less than 15 ml/kg/min, or cor pulmonale, respiratory failure, or the need for outpatient oxygen, is an independent route to 100%. If your disease is severe, these tests are how the record proves it beyond the spirometry numbers.

05The Standard

What makes an exam adequate

Read your exam report against these. An exam that fails the standard is legally inadequate, and an inadequate exam is something you challenge rather than accept.

01

The range of motion has to be MEASURED, not estimated

38 CFR §4.46 states that the use of a goniometer in the measurement of limitation of motion is indispensable in examinations conducted within the Department of Veterans Affairs. An examiner who eyeballs your bend and writes a number has not complied with the regulation. This is the most common defect in a spine exam and it is the easiest one to spot from the chair.

02

Joints must be tested in every required condition

Under Correia v. McDonald, a joint examination for pain must, wherever possible, record active motion, passive motion, motion in weight-bearing and motion in non-weight-bearing, and where relevant, the range of the opposite undamaged joint. An exam that records one set of numbers and stops is incomplete on its face, and that incompleteness is grounds to challenge it.

03

Flare-ups have to be addressed, not dodged

Under Sharp v. Shulkin, when a veteran describes flare-ups, the examiner is obligated to estimate the additional loss of motion during a flare based on all the available evidence, including your own account of it. "I cannot opine without resorting to mere speculation" is not automatically acceptable; the examiner has to have actually sought the information first and explained why an estimate is impossible.

04

Repetitive use and functional loss must be factored in

Sections 4.40 and 4.45, and the DeLuca line of cases, require that pain, weakness, fatigability, incoordination and lack of endurance after repeated use be considered, and expressed in additional degrees of lost motion where that is feasible. Your rating is supposed to reflect what you can do on the fifth repetition and on a bad day, not just the first careful bend of the morning.

05

Neurological findings must be separately documented

Note (1) to the General Rating Formula requires that any associated objective neurologic abnormality be evaluated separately under an appropriate diagnostic code. If your leg symptoms were mentioned in the narrative but never tested and never assigned, the exam did not do what the schedule requires of it.

06

The examiner must review the record when the question requires it

Where a medical opinion on cause, aggravation or a secondary relationship was requested, the examiner is expected to review the relevant evidence and give a reasoned explanation. A bare conclusion, "less likely than not related to service" with no reasoning attached, carries little weight, and an opinion with no rationale is challengeable.

07

The examiner has to be qualified for the body system

The VA may use its own clinicians or a contract vendor. Either way, the examiner is expected to have the competence to evaluate the system being examined. If a spinal exam with a neurological component was performed by someone who never tested a reflex, that is a problem worth raising.

08

The exam has to be CURRENT

A rating is supposed to reflect your condition now. An exam performed before a documented worsening, or years before the decision, may not support the current evaluation, and you can request a new one on that basis.

06Afterward

What happens after your exam is complete

The examiner writes the report and submits it, it is reviewed for completeness, and only then does the claim move toward a rating decision. Here is what actually controls the clock.

Examiner at a desk completing and submitting the exam questionnaire
01

The examiner writes and submits the report

Days 1–5 after the exam

The examiner compiles the history, the physical findings, the measurements and any testing into the questionnaire, adds any requested medical opinion, and submits it. Contract vendors typically have a turnaround requirement measured in days, not weeks.

Nothing about your claim moves while this is happening, and nothing you do speeds it up. What matters is that the report is written from notes taken in the room, which is exactly why what you said, and how the examiner recorded it, is already locked in by the time you get to your car. Request your copy now rather than later.

Reviewer flagging an incomplete field and sending the exam report back to the examiner
02

Quality review, and the request for clarification

Days 3–30

The report is reviewed for completeness. If it is internally inconsistent, missing a required field or missing the opinion the VA asked for, it goes back for correction or a second opinion. This is the single most common cause of a claim appearing to stall after the exam.

Understand what a finished exam actually means: it means the appointment happened, not that your claim is ready for a decision. If the reviewer finds a blank range-of-motion field, an opinion that does not answer the question that was asked, or findings that contradict each other, the file goes back out for more information. That is a normal quality control step, not a rejection of your claim, and it is not a sign that you did something wrong, but it does add weeks, and it is the reason so much of what you read online sounds like the system is broken.

Claim status tracker on a screen showing the progress bar jumped backward from a late step to an early step
03

Your status tracker moves backward, and it is usually not bad news

Any time after the exam

The online tracker shows eight steps. Veterans watch it reach step 7 or 8, then find it back at step 3 or 4 a week later. That regression almost always means one thing: the file went back for additional information, most often a returned or clarified exam.

This is the number one thing veterans panic about, and it is misread constantly. The tracker is not a countdown, it is a location marker. When the VA decides it needs one more piece of evidence, a corrected exam, a clarifying medical opinion or an outstanding record, the claim is routed back to the evidence gathering step and the bar redraws itself where the file physically is. It does not mean a denial. It does not mean your case was thrown out or restarted. It does not erase anything already in the file, and it does not change your effective date. What it does mean is that something in the record was not good enough to decide on yet, which is worth knowing, because if the weak link is the exam, this is the window where a corrective statement or a private opinion from your own doctor does the most good.

Medical records folders being handed across a counter as the evidence gathering window closes
04

Evidence gathering closes

Varies

Before anyone rates your claim, the file has to be built. This is the stretch where the Regional Office pulls together everything the decision will rest on: your service treatment records, your VA medical records, any federal records, the C&P exam report, and any private records it has requested on your behalf. The claim sits here until the VA is satisfied the record is complete enough to decide, which is exactly why a status tracker can appear to stall or slide backward at this step. You are not powerless while it sits here. Anything you put into the file yourself lands the day you send it, and every relevant record you add now is one less thing the rater can later say was missing.

A VA request to a private provider is a letter that may or may not be answered, and the VA will wait on it for weeks before moving on, sometimes without ever getting a response. A record you walk in yourself, or upload through your claim, is in the file the day you send it. So do not sit and wait to be asked. If you know a treatment record, an imaging report, a surgical note or a buddy statement exists and it matters, send it now, with a VA Form 21-4138 statement that explains in plain words what the document is and what it shows. This is also the window where a corrective statement or a private medical opinion from your own doctor does the most good, before the rater has locked in a decision, not after. Once the evidence gathering step closes, the file goes to a rating specialist, and your chance to shape the record cheaply and quickly closes with it.

Rating specialist applying the rating schedule to a file and producing the decision letter
05

Rating decision and promulgation

Typically several weeks after the last piece of evidence lands

This is the stage where your evidence finally becomes a number. A rating specialist, not the examiner, and not a doctor, takes everything in the file and applies the rating schedule to it: the exam findings, your range-of-motion measurements, your lay statements, your private records and any medical opinions. They assign a diagnostic code to each condition, pull a percentage from the schedule, set your effective date, and either grant, deny or defer each issue. The decision is then reviewed and authorized, promulgation is simply the VA’s word for making it official, and the decision letter and code sheet are generated and mailed. Where an award is made, payment follows the effective date rules, and back pay is calculated to that date.

Read the code sheet, not just the percentage. It names the diagnostic code used, the exact measurements relied on and the effective date assigned, and that is where most mistakes live. This is a human being reading a file under a production quota, and the two things that go wrong most often are a rater using the pre-repetition range-of-motion numbers instead of the worst-case figures §4.59 and §4.40 require, and a claimed condition being decided on a thin record or quietly left out. Check whether painful motion was accounted for, whether your radiculopathy was rated separately under Note (1) or folded into the spine rating, and whether every condition you claimed was actually addressed. A decision you do not read is a decision you cannot challenge, and the deadline to challenge it starts the day the letter is dated, not the day you understand it.

Opened rating decision letter with a magnifying glass over the reasons for decision section
06

C&P examination is the decision letter

The day it lands in your mailbox

The envelope holds two different documents: the narrative decision letter, and the code sheet. Together they are the single most important piece of paper in your claim, because every deadline, every appeal option and every dollar of back pay is set by what is printed on them, not by what you were told at the exam.

Most veterans read one thing on that letter: the percentage. Then they either celebrate it or get angry at it, and file it in a drawer. That is the mistake. The percentage is the conclusion; the reasons section is the reasoning, and the reasoning is what you attack. It tells you which diagnostic code the rater used, which range-of-motion figures they relied on and which they ignored, whether painful motion under §4.59 was accounted for, whether your neurological findings were rated separately under Note (1) or folded into the spine rating, which conditions were decided, which were deferred, and which were never addressed at all. It also assigns your effective date, which controls back pay. A rating that looks low is very often not a disagreement about how bad your neck is, it is a rater who used the pre-repetition numbers, or missed the radiculopathy, or rated one side and not both. You cannot see any of that from the percentage. Do not go by the percentage alone, and do not decode it by yourself if you are not sure what you are looking at, have someone who reads these for a living read it with you before the clock runs out. You have one year from the date on that letter to file a Higher-Level Review (VA Form 20-0996), a Supplemental Claim (VA Form 20-0995) or a Board appeal, and the deadline runs from the date printed on the letter, not the date you opened it. Bring it to this office and we will go through it line by line, at no cost, and tell you plainly whether it is right.

What normal looks like: 30 to 60 days for a simple claim, longer for a complex one

After your exam you should expect some kind of notification from the VA, a decision, a request for more information, or a notice that another exam has been scheduled. For a straightforward, single-issue claim that often lands within 30 to 60 days. But 30 to 60 days is a rough guide, not a rule, and it is not a ceiling. A claim with several conditions, a toxic-exposure or presumptive question, a returned exam, or missing records routinely takes 90 days or more, and that alone does not mean anything is wrong, the more moving parts your case has, the longer the VA takes to work it. Inside the window that is normal for a case like yours, silence is expected and there is nothing to fix, and a tracker that jumps backward is normal too.

What matters is not a fixed number of days, it is whether the claim is still moving and whether you can get a straight answer about where it is. Once you are well past what is normal for a case like yours and the VA either goes silent or cannot tell you what the claim is waiting on, stop waiting. That is usually where the real trouble hides, an exam that came back twice, a records request that was never answered, a claimed condition that got dropped, or a file sitting in the wrong queue. Call the VA at 800-827-1000, ask specifically what the claim is waiting on and who it is assigned to, and write down the answer. If you cannot get a straight answer, or the answer tells you the exam is the problem, that is the moment to bring it to this office rather than sitting on it for another three months. Problems raised early get fixed inside the claim. Problems discovered in a denial letter get fixed on appeal, and that costs you a year.

Other things that control the clock

Six things decide how long you wait, and none of them are visible from the tracker alone.

VA claim status page on a monitor showing an average days to complete figure with a trend line that changes month to month
01

The average is a moving number

Check it at the source, not second-hand

The VA publishes an average days-to-complete figure for disability claims that moves month to month; check the current number on the VA’s own claim status page rather than relying on any second-hand figure. In practice, most veterans see a decision somewhere between roughly three and eight months from the date the claim was filed, with the exam usually falling in the middle of that window.

Process pipeline showing the exam marked complete at the start followed by evidence gathering, rating decision and authorization still ahead
02

The exam is not the last step

Three stages still sit in front of you

The exam is not the last step. The clock does not start at the exam and it does not stop there either, the claim still has to clear evidence gathering, the rating decision and authorization.

Exam report stamped returned for clarification beside a claim tracker whose progress bar is moving backward
03

A returned exam is the invisible delay

The reason a tracker slides backward

A returned or clarified exam is the most common invisible delay, and it is why a tracker can slide backward. Expect some contact from the VA within 30 to 60 days of the exam. Past 60 days with nothing at all, call and ask specifically what the claim is waiting on.

Calendar with days 30 through 60 shaded as the normal window and everything past day 60 shaded red beside the VA benefits phone number
04

30 to 60 days is a guide, not a deadline

A complex case can take 90 days or more

Thirty to sixty days is a rough average for a simple, single-issue claim, not a hard rule and not a ceiling. A claim with several conditions, a presumptive or toxic-exposure question, a returned exam, or missing records can easily take 90 days or more, and that alone does not mean anything is wrong. Watch whether the claim is still moving, not the calendar. Only when it stalls well past what is normal for a case like yours, and no one can tell you what it is waiting on, should you stop waiting, call 800-827-1000 and ask what the claim is waiting on and who it is assigned to.

Three ways to track a claim shown side by side: the VA.gov claim status page, the VA Health and Benefits mobile app, and the benefits telephone line
05

Watch your status yourself, in one of three places

Weekly, not daily

Check your own status in one of three places: your VA.gov claim status page, the VA Health and Benefits mobile app, or by calling 800-827-1000. Check it weekly, not daily. And understand exactly what a status check can tell you: if a decision is posted in your account, it is live; if it is not posted, it is not ready. That is the whole rule. This is not something your representative or your attorney can speed up, we see the same thing you see, at the same time, and calling us to ask does not move it. Calling the VA to ask for an update does not move it either. Watch it yourself, weekly, and the moment a decision posts, bring it to us.

Flat infographic of a VA rating decision letter held beside a calendar stamped ONE YEAR TO APPEAL, with the three appeal lanes, Higher-Level Review, Supplemental Claim and Board Appeal, labeled below
06

Your decision letter arrives, read it, then start the appeal clock

What to do the day it lands in your mailbox

The decision letter is the finish line of the claim and the starting line of the appeal, and the moment it arrives, a one-year clock starts running. Read it the same day. Find the combined rating, the percentage assigned to each condition, and the effective date, because the effective date controls how far back your back pay reaches. Then request a copy of your C&P exam report so you can see whether the rater used your real range-of-motion numbers or ignored the radiculopathy. If any part of the decision is wrong, a low rating, a denied condition, or a bad effective date, you have three appeal lanes, and you must choose one within one year of the date printed on the letter: a **Higher-Level Review (VA Form 20-0996)**, where a senior reviewer re-decides on the same evidence; a **Supplemental Claim (VA Form 20-0995)**, when you have new and relevant evidence such as a private DBQ or your own range-of-motion exam; or a **Board Appeal (VA Form 10182)** to a Veterans Law Judge. Miss that one-year deadline and the decision becomes final. You can still file again later, but you lose the original effective date, and that lost time is lost back pay you never get back. Bring the letter to this office before the year runs out and we will read it with you, line by line, at no cost.

07Remedy

How to report a bad exam

Where this exam goes wrong

The biggest trap in a respiratory claim is the **bad pulmonary function test**. Because §4.97 is almost entirely numeric, a test done on a good day, taken with submaximal effort, or reported without stating whether the values are pre- or post-bronchodilator can quietly cost you an entire rating level, and the rater will never know unless you flag it. The second trap is a **missing DLCO**: spirometry alone can look near-normal while restrictive or infiltrative disease is destroying your diffusion capacity, so an exam that skips DLCO where it is indicated leaves a whole rating pathway untested. The third trap is the **exposure history the examiner never took**, without it there is no nexus, and worse, a veteran with a PACT Act presumptive condition can be handed a needless (and often negative) nexus opinion when the connection should simply be presumed under §3.320. If the report has no PFT numbers, no DLCO where it was indicated, no statement of pre- vs. post-bronchodilator, or no exposure history, that is an inadequate exam you challenge rather than accept.

Flat infographic of a hand writing exam notes on a notepad inside a car with a clock recording the time
01

Write it down the moment you get to your car

Date, start time, end time, the examiner’s name and credentials, the vendor, every test that was performed, and every test that was not. A contemporaneous note written the same day is evidence. A memory reconstructed four months later is not.

Flat infographic of a C&P exam report and a DBQ questionnaire being requested through VA.gov and by phone
02

Get the exam report and the questionnaire

Request a copy through VA.gov, through a written request to the Regional Office, or by calling 800-827-1000. You cannot challenge what you have not read. Compare it line by line against what actually happened in the room.

Flat infographic of a magnifying glass over a document with a defect circled in red and a regulation citation tag
03

Name the defect specifically, with the citation

Never write "the exam was unfair." Write "no goniometer was used, contrary to 38 CFR §4.46" or "flare-ups were reported and not addressed, contrary to Sharp v. Shulkin" or "repetitive use testing was not performed, contrary to 38 CFR §4.40 and DeLuca." A specific, citable defect is what forces action.

Flat infographic of VA Form 21-4138 Statement in Support of Claim being submitted with an upload arrow
04

Submit a statement asking for a new examination

VA Form 21-4138, Statement in Support of Claim, filed through VA.gov or mailed to the Evidence Intake Center. State the defect, cite the authority, and request a new or supplemental examination. Do this BEFORE the decision if the claim is still open, it is far easier than undoing a decision afterward.

Flat infographic of two separate tracks, one labeled Patient Advocate for conduct and one labeled Exam Adequacy
05

Report examiner conduct separately

If the problem is behavior rather than methodology, you were rushed out, dismissed, never touched, or treated with hostility, file a complaint with the VA facility’s Patient Advocate, or with the vendor directly for a contract exam, and copy the Regional Office. Conduct complaints and adequacy challenges are two different tracks and you can run both.

Flat infographic of a signpost forking between Higher-Level Review 20-0996 and Supplemental Claim 20-0995
06

If a decision has already issued, pick the right lane

A Higher-Level Review (VA Form 20-0996) argues the VA erred on the evidence it had, the right vehicle when the exam was inadequate on its face. A Supplemental Claim (VA Form 20-0995) is the vehicle when you are adding new and relevant evidence, such as your own private range-of-motion examination or a completed DBQ from your treating provider.

Flat infographic of a goniometer measuring a joint angle beside a completed DBQ showing range-of-motion degrees
07

Put your own measurements on the table

A private examination with full goniometric measurements, or a DBQ completed by your own provider, creates a conflict in the evidence that the VA has to resolve, and under 38 CFR §3.102 reasonable doubt is resolved in your favor.

End of clinical section

Respiratory (DC 6600–6847), DC 6600–6847

The Questions Veterans Actually Ask

Respiratory (DC 6600–6847) Claims, Frequently Asked Questions

Straight answers to the questions that decide respiratory (dc 6600–6847) claims, the ratings, the separate evaluations, and the exam mistakes that cost veterans money. Read every answer with your own file open. If an answer depends on a record you do not have yet, that is the next thing to request, from your doctor, your unit or the VA itself.

It depends on the condition, but most obstructive and restrictive lung diseases, asthma (DC 6602), COPD (DC 6604), chronic bronchitis (DC 6600), emphysema (DC 6603), and pulmonary fibrosis (DC 6827), top out at 100% under 38 CFR §4.97, driven almost entirely by pulmonary function test numbers: FEV-1, FEV-1/FVC, and DLCO. Sleep apnea (DC 6847) reaches 50% the moment a CPAP machine is required and 100% with chronic respiratory failure or cor pulmonale. Active tuberculosis (DC 6701–6724) and chronic pleurisy with empyema (DC 6810) are rated 100%. The single most important fact about respiratory ratings is that they are numeric, the PFT values map directly onto the percentages, so the quality of the testing is the quality of the rating.

Every condition in Respiratory Conditions

An older veteran sorting his medical records into a binder at his desk
Your responsibility as a veteran

Your Part in This Is Not Optional

I will be straight with you. No advocate on earth can win a claim for a veteran who will not do his or her part. The VA decides on the record, and you are the only person who can build the medical side of that record. We do the legal and forensic work. You do yours. Here is what that means, every single time:

  • See a doctor and get every symptom written into your medical record. If it is not on paper, the VA treats it as if it never happened.
  • Keep a symptom journal. Dates, flare-ups, missed work, the nights you did not sleep. That is the evidence of how this condition actually runs your life.
  • Answer every VA letter and every request for evidence before the deadline. Silence gets claims denied.
  • Show up to your C&P exam and describe your worst days honestly. Do not tough it out in that room. Do not exaggerate either.

You do your job and we will do ours. That is how claims get won.

Choose Your Service

The Three Services

We offer three completely separate services, kept distinct on purpose so you know exactly what you are buying, what it costs, and how it is paid. These are not tiers of one agreement, you choose the single option that fits your situation.

Two are contingency representation with no cost up front; they differ by how hard the case is and how the fee gets paid. The third is a flat-fee forensic report for the veteran who wants to fight the claim himself.

An accredited claims agent and a veteran reviewing a clean, single-issue appeal together
Option 1

Standard Direct-Pay Representation

20% of back pay

No cost up front, nothing out of pocket. The VA withholds our fee and pays us directly under §14.636(h). Best for cleaner, more recent, single-issue denials, routine higher-level reviews, supplemental claims, and rating increases, carried all the way to the Board of Veterans’ Appeals.

See full details
An advocate reviewing a veteran's decade-deep claims file
Option 2

High-Complexity Representation

30% of back pay

For high-complexity cases, long claim histories, prior Board denials, CUE, complex effective-date and TDIU fights, multi-issue toxic exposure. Still no cost up front. Because the VA pays a rep only up to 20% directly, the VA sends your full retro to you and we invoice you directly for the 30%. Lawful, but never entered into lightly.

See full details
A forensic file audit in progress
Option 3

Mission 5 Intelligence Brief

$750 flat

A standalone forensic file review and written road map, not representation. For the veteran with a tough, older case who wants to fight it himself and keep 100% of his back pay. We audit your file, show you every error, and hand you the plan. Available only to veterans who already have a VA decision.

See full details

The exact contingency percentage on your case is set in a written agreement by the complexity of the work, always within the maximum the law allows. Federal-court litigation, if it is ever needed, is a separate, pre-agreed arrangement.

Denied or under-rated?

Talk to a VA-accredited claims agent about your claim

Albert L. Thombs Jr. is a US Army veteran, VA-Accredited Claims Agent #45147, and 100% service-connected himself. He personally reviews every request. Fees are capped by 38 CFR §14.636, and there are no fees on representation unless you win.

702-992-4883

Mon–Fri, 11AM–6PM Pacific

Questions are always free. The Mission 5 Brief is $750 flat.